Iocovozzi v. Village of Herkimer et al

Filing 8

ORDER TO SHOW CAUSE: Defendants Village of Herkimer, Mark M. Ainsworth, Village Board of Trustees and David Kuehnle are Ordered to show cause before Chief District Judge Norman A. Mordue, why a preliminary injunction should not be entered. Defendant s are to serve and file any opposition to the # 4 Motion for Preliminary Injunction by 6/28/2010; Reply papers are to be filed by 7/1/2010; no appearances are necessary, Motion will be taken on submit. Further Ordered that Plaintiff's # 4 r equest for a TRO pending a hearing on this Motion is DENIED. Service of a copy of this Order and the papers upon which it is granted upon the Defendants, or their attorney on or before 6/18/2010, by personal delivery or overnight courier shall be deemed sufficient. Signed by Chief Judge Norman A. Mordue on 6/16/2010. (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
ggggggggggggggggggggggggggggggggggggggggggggggggggggg

MARY M. IOCOVOZZI, Plaintiff, vs. VILLAGE OF HERKIMER; MARK M. AINSWORTH, Mayor; VILLAGE BOARD OF TRUSTEES; and DAVID KUEHNLE, Codes Enforcement Officer Village of Herkimer, Defendants.
ggggggggggggggggggggggggggggggggggggggggggggggggggggg

6:10-CV-687 (NAM/ATB)

N A M

ORDER TO SHOW CAUSE The Court has considered the affidavit of Mary M. Iocovozzi sworn to on June 10, 2010, and the exhibits annexed thereto; the affidavit of Carol Malz, Esq., sworn to June 12, 2010; and the memorandum of law in support of plaintiff's application. Based upon the foregoing, IT IS HEREBY ORDERED that the defendants, VILLAGE OF HERKIMER, MARK M. AINSWORTH, Mayor, VILLAGE BOARD OF TRUSTEES, and DAVID KUEHNLE, Codes Enforcement Officer Village of Herkimer, show cause, if there be any, to this Court by submission on papers as ordered herein, before the Honorable Norman A. Mordue, Chief U.S. District Court Judge Court at the United States Courthouse, 100 South Clinton Street, Syracuse, New York, why a preliminary injunction should not be entered enjoining defendants during the pendency of this action from enforcing the Village of Herkimer Local Law No. 1, Article 1 of 2009, Section 7 against plaintiff, and any further relief as the Court may deem proper; and it is further

ORDERED, that defendants serve and file any opposition to the motion for a preliminary injunction on or before June 28, 2010; and it is further ORDERED, that plaintiff serve and file any reply papers on or before July 1, 2010; and it is further ORDERED, that no personal appearance is required, papers will be taken on submission; it is further ORDERED that plaintiff's request for a temporary restraining order pending a hearing on this motion is DENIED; and it is further ORDERED that service of a copy of this Order and a copy of the papers upon which it is granted by service upon the defendants, or their attorney who agrees to accept service on their or its behalf, on or before June 18, 2010, by personal delivery or overnight courier shall be deemed sufficient service. IT IS SO ORDERED. Date: June 16, 2010 Syracuse, New York
A M N

-2-